Mr. HOWARD:—There is one principle of law which will settle this question at once: property that is held under State laws must be transferred by the operation of State laws alone. Slaves are held and transferred by the specific laws of the States in which they are held.
Mr. PALMER:—The right of sale cannot possibly arise out of the right to touch during transportation at a port, or the right to land in case of distress. I cannot see the slightest occasion or necessity for the adoption of Mr. McCurdy's amendment.
Mr. McCurdy's amendment was rejected by the following vote:
Ayes.—Maine, Vermont, Massachusetts, Connecticut, New York, Indiana, and Iowa—7.
Noes.—New Hampshire, Rhode Island, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, Tennessee, Kentucky, Missouri, Ohio, Illinois, and Kansas—14.
Mr. Pollock's amendment was then adopted without a division.
Mr. VANDEVER:—I wish to propose an amendment by way of proviso:
"Provided nothing herein contained shall be so construed as to prevent any State from prohibiting the introduction as merchandise of persons held to service or labor, or to prevent such State from prohibiting the transit of persons so held to service or labor through its limits."
Mr. FIELD:—This does not cover Mr. McCurdy's proposition at all. Is there any secret purpose here to bring into the Constitution a provision which will permit the sale of slaves in free States? If there is not, why not say plainly that the States shall have the exclusive right to determine who shall and who shall not cross its borders, and what shall be the subject of sale or traffic within them?
Mr. GUTHRIE:—The States have all the powers which are not expressly delegated under the Constitution to be exercised by Congress. Congress has no power, except such as are expressly conferred upon them. The power to prohibit the sale of slaves rests somewhere. It has not been conferred upon Congress; it must remain in the State.